The issue of contempt of court has resurfaced following the issuance of a bench warrant by an Accra High Court for the arrest of Deborah Seyram Adablah, the young woman at the centre of a high-profile sexual harassment lawsuit involving a senior banker and former First Atlantic Bank’s CFO, Ernest Kwesi Nimako.
Seyram Adablah, a social media influencer who gained notoriety in 2023 after suing her alleged “sugar daddy,” Ernest Nimako, for breach of promise, claimed the banker failed to fulfill certain financial and material commitments made during their intimate relationship.
Among her demands were monetary compensation and ownership of a Honda Civic gifted to her. On May 16, 2023, the court ordered Adablah to hand over the vehicle, with registration number GC 7899-23, to the court registrar for safekeeping until the case’s final determination.
However, media reports indicate she has defied this order, leading to the arrest order.
In light of these recent developments, some Ghanaians have began to question what actions can lead to being cited for contempt of court and what the legal implications truly entail.
Here is what the law says about contempt of court and its implications:
What is contempt
According to research materials, being cited for contempt means committing the offence of disobeying a court order or engaging in a conduct that tends to obstruct or interfere with the court’s orderly administration of justice.
An individual who is cited for this offence is referred to as a contemnor.
Contempt can be either direct (contempt in facie curiae), which occurs in the presence of a judge or during court proceedings and is punishable without the need for a trial, or indirect (contempt ex facie curiae), which takes place outside the courtroom.
In cases of indirect contempt, the alleged contemnor must be formally notified and given an opportunity to be heard before any sanctions are imposed, according to a legal practitioner, Benedicta Ama Mensah of Asare Bediako & Co.
Contempt may be classified as civil or criminal.
Civil contempt
Civil contempt can occur when an individual fails to comply with a court order, which in turn injures a private party’s rights. An example of this can be an individual’s failure to comply with the court order to pay child support to another party.
Some of the actions that can constitute civil contempt of court includes; one’s failure to pay child support or alimony as ordered by the courts, refusing to adhere to an order to turn over documents, defying a restraining order issued by the court, refusing to give back or return property ordered by the court, violating an injunction order by court among others.
Criminal contempt
Under this category, any conduct that interferes with or obstructs the administration or delivery of justice by the court is classified as criminal contempt.
Some actions under this includes causing a disruption in the courtroom, yelling at the judge, refusing to testify before a grand jury, threatening or insulting a judge or a magistrate, disobeying a subpoena to produce evidence among others.
A person cited for criminal contempt can be punished by a fixed sentence like jail term or a fine.
Basically, criminal contempt focuses on punishing acts that show disrespect for or undermine the authority of the court itself, while civil contempt is aimed at compelling compliance with a specific court order.
Elements that constitute the offence of contempt
The case of Republic vrs Sitso 1; Ex parte Fordjour (2001-2002) SCGLR322 outlined the elements constituting the offence of contempt as follows:
a. There should have been a judgment or order that required the contemnor to do or abstain from doing something.
b. The contemnor knew what precisely he was expected to do or abstain from doing; and
c. That he failed to comply with the terms of that judgment or the order and that his disobedience was willful.
The legal practitioner, Benedicta Ama Mensah of Asare Bediako & Co further says that, “Although there is no single, codified statute on contempt of court in Ghana, the absence of such codification does not violate the legal principle that there must be no crime or punishment except in accordance with established or pre-determined law.”
She added, “Order 50 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) outlines the procedure by which a person may be committed for contempt of court. According to Order 50 Rule 1, committal proceedings must be initiated through an application to the court, supported by an affidavit that clearly states the grounds for the application. It is important to note that the notice of motion, along with the supporting affidavit, must be served on the person alleged to be in contempt. Furthermore, Order 50 Rule 2 empowers the court, on its own motion, to issue an order requiring a person to show cause why they should not be committed for contempt of court.”
Meanwhile, Adablah has been sentenced to 45 days in prison by the court.
MAG/VPO
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